Encumbrances

An easement in gross 1) attaches personally to the owner of that easement. 2) is appurtenant to the dominant estate. I only II only Both I and II Neither I nor II

I only

If I have a permanent right to cross your land to get to my house, my property has a dominant tenement. a servient tenement. an easement in gross. a license.

a dominant tenement.

A personal, revocable, non-assignable right to use the property of another is called an option. a lease. an easement. a license.

a license.

Which of the following statements concerning easements is true? 1) An easement in gross is usually used by a utility company to install its lines under or over a privately owned property. 2) An easement in gross does not have a dominant estate. I only II only Both I and II Neither I nor II

Both I and II

Which of the following is the legal right to use land which belongs to someone else? 1)Easement appurtenant 2)License 3)Easement in gross I and II only I and III only II and III only I, II and III

I, II and III

An easement appurtenant 1) is the usual type of easement granted to utility companies to permit them to run electric lines across the property. 2) runs with the land. I only II only Both I and II Neither I nor II

II only

If the owner of real property does not take action to evict an encroacher before the prescriptive period has passed, then the encroacher may acquire 1) an easement by necessity. 2) a license to use the property. I only II only Both I and II Neither I nor II

Neither I nor II

An easement created by a process similar to adverse possession is known as an easement in gross. easement by prescription. easement by necessity. implied easement.

easement by prescription.

Two adjoining lots have an easement between them with one owner holding a dominant tenement and the other a servient tenement. Under these circumstances the holder of the dominant tenement could use the easement for ingress and egress only, regardless of the type held. the burdened property is owned by the owner of the dominant tenement. the easement could be eliminated by merging the two properties under one owner. this type of easement can only be created by prescription.

the easement could be eliminated by merging the two properties under one owner.

An owner sold a parcel of land, but in the deed he retained an easement so he could reach other land he owned. He didn't use the easement for over five years, and when he attempted to do so, the party to whom he had sold the first parcel of land claimed the easement was null and void. The easement was null and void because an owner in selling, cannot reserve an easement for himself in his deed. was invalid because it had not been used for over five years. was valid because non-use of a deed easement has no legal effect. was valid. Non-use doesn't make it void until it has run for ten years.

was valid because non-use of a deed easement has no legal effect. was valid.

An easement APPURTENANT can be terminated by 1) merger of the servient and dominant tenement. 2) release by dominant tenement. 3) eminent domain. I and II only I and III only II and III only I, II and III

I, II and III

An easement can be terminated by 1) merger of the servient and dominant tenement. 2) release by dominant tenement. 3) eminent domain. I and II only I and III only II and III only I, II and III

I, II and III

To obtain an easement by prescription, the use of the property must be in a manner which is: 1) open and notorious. 2) hostile to the owner. 3) continuous for the statutory period of time. I and II only I and III only II and III only I, II and III

I, II and III

The permissive use of a road across real property would cause a prescriptive easement in 5 years. 10 years if the user pays the taxes. 20 years. None of the above

None of the above

An item that 'belongs to' and passes with the title of the real property is an emblement. personal property. a chattel. an appurtenance.

an appurtenance.

Any right that goes with the land and cannot be separated from it is classified as an appurtenance. a leasehold estate. an estate for years. a reservation.

an appurtenance.

An acquired privilege or right to use or enjoyment falling short of ownership which one may have in the land of another is known as a devise. an abstract. an easement. a riparian right.

an easement.

An owner who has a permanent right to cross over an adjoining owner's land has an easement. a license. a party wall. a riparian right.

an easement.

An easement is a general lien on real property. a specific lien on real property. an encumbrance on real property. an equitable restriction on real property.

an encumbrance on real property.

An easement is an estate in land. an encumbrance, but not a lien. a lien. both a lien and an encumbrance.

an encumbrance, but not a lien.

An easement across Smith's property would be a license. a lien. an appurtenance to Smith's property. an encumbrance.

an encumbrance.

An appurtenant easement has no dominant estate. is personal to the holder and incapable of transfer. is possessory interest in the land of another person. is an interest in land capable of transfer.

is an interest in land capable of transfer. (note-no dominant or serviant)

An easement appurtenant may be terminated by the dominant tenement. may be terminated by the servient tenement. will be terminated if abandoned by the servient tenement. cannot be terminated.

may be terminated by the dominant tenement.

An easement is said to terminate by 'merger' when the owner of the easement becomes the owner of the land that is subject to the easement. purpose ceases for which the easement was created. owner of an easement releases his right to the owner of the land that is subject to the easement. easement is abandoned.

owner of the easement becomes the owner of the land that is subject to the easement.

An easement appurtenant runs with the dominant estate as a property right. involves a dominant and servient estate. I only II only Both I and II Neither I nor II

Both I and II When an easement appurtenant is created, one parcel of land will benefit or receive the right of use, and is known as the dominant tenement or estate. The adjacent parcel of land that is burdened or must allow the use is known as the servient tenement or estate. The right created by the easement appurtenant attaches to the dominant tenement as a right and attaches to the servient tenement as a burden. As a result, a future transfer of either property transfers the easement with the passage of title. Thus, the phrase running with the land is often used when describing an easement appurtenant.

Right-of-way easements, such as those acquired by public utilities, are usually called easements of necessity. easements in gross. easements by prescription. implied easements.

easements in gross.

Mr. Ward who owns a parcel of land also has an easement for ingress and egress to get to his property. He sells that land to Mr. Danner, but the deed makes no mention of the easement. Mr. Danner would receive property with a clouded title. property with the same right to the easement as the seller had. a landlocked parcel. the parcel, but without the easement.

property with the same right to the easement as the seller had.

A license to cross a private property would 1) expire upon the death of either party to a license. 2) be revoked by sale of the property. I only II only Both I and II Neither I nor II

Both I and II

To sustain an easement by prescription under Oregon law, it must be shown that use of the land in question has been 1)open and notorious. 2)continuous and uninterrupted over a 10-year period. I only II only Both I and II Neither I nor II

Both I and II

An express easement created by the grantor 1) is an interest. 2) must be in writing. 3) is an estate. I only III only I and II II and III

I and II

The owner of a lake-front property gives verbal permission to three local sportsmen to cross his land each weekend during the summer of a given year for the express purpose of fishing. He has created what may properly be described as a grant of adverse use. a license. an implied easement. an easement appurtenant.

a license.

Adams owned a lot with an easement across an abutting lot owned by Sampson. Adams sold the lot to Johnson, but the easement which was appurtenant to Adams' property was not recited in the deed. The easement passed to Johnson. was eliminated. does not run with the land. reverted to Sampson.

passed to Johnson.

Mr. Parker owned a lot that held an appurtenant easement over the neighboring property of Mr. Martin giving him the right to run a sewer line across Martin's property. If Mr. Parker sells the lot to Mr. Smith, but does not mention the easement in his deed, the easement remains with Mr. Parker. transfers to Smith. reverts to Martin. is lost by escheat.

transfers to Smith.

The servient estate in regard to an easement appurtenant is the property owned by the landlord. upon which the easement is placed. that benefits from the easement. owned by the tenant.

upon which the easement is placed.

All of the following statements regarding an appurtenant easement are true, EXCEPT There must be at least two tracts of land under separate ownership. The dominant tenement would benefit and the servient tenement would be burdened. The easement would run with the land. A railroad easement is an easement appurtenant.

A railroad easement is an easement appurtenant.

Which of the following actions would terminate an easement? A release signed by the holder of the dominant tenement. A revocation granted by the grantor of the easement. A full conveyance signed by the servient tenement. An express release granted by the holder of the servient tenement.

A release signed by the holder of the dominant tenement. cannot be revoked

Which of the following encumbrances affects the physical use of property? An easement A trust deed A money judgment Delinquent taxes

An easement

Easements are generally created in all but which one of the following methods? Express grant Prescription Assignment Implied grant

Assignment

Which of the following documents may be used to terminate an easement? Deed of reconveyance Quitclaim deed Trustee's deed Estoppel certificate

Quitclaim deed Clears up title

The right to enter upon the property of another and remove sand, gravel, or the like is called a trespass. a nuisance. a license. a profit.

a profit. A profit is the right to sever something of benefit from the land of another. The profit usually involves crops, minerals, gravel, timber, or the like.

The act of entering upon another person's real estate without authority or permission of the owner is called an easement. a license. a trespass. an encroachment.

a trespass.

When a party owns landlocked property and requires access over the land of an adjacent owner to reach his property he would likely be entitled to a prescriptive easement. an easement in gross. an easement by necessity. an adverse claim.

an easement by necessity.

An easement created when there is no access to a street is an easement by prescription. an easement in gross. an easement by necessity. a negative easement.

an easement by necessity. Easement By Intent or Necessity - The right to ingress and egress (entry and exit) is required by law. Any property that is landlocked has the right to ingress and egress. As a result, the landlocked owner has a legal right to an easement to cross the land of another to reach a public way.

A telephone company is given the non-revocable use of land across the rear portion of each lot in a subdivision. This is known as a prescriptive easement. an easement in gross. a license. an easement appurtenant.

an easement in gross.

A person has legal rights in another's real property. These rights are short of an estate therein and would be called a remainder. a lease. an easement. a reversion.

an easement.

A license usually differs from an easement in that a license can be revoked. may be assigned. is a permanent right. must be in writing.

can be revoked.

An easement appurtenant to real property can be terminated by all of the following, EXCEPT merger of both the servient and dominant parcels. revocation by the servient owner. prescription by the servient owner. release by the dominant tenement owner.

revocation by the servient owner.